HF 906

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/14/2013 04:33pm

A bill for an act
relating to natural resources; requiring the development of silica sand mining
model standards and criteria; establishing a silica sand technical assistance team;
requiring administrative rules; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 116C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116C.99] SILICA SAND MINING MODEL STANDARDS AND
CRITERIA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
new text end

new text begin (a) "Local unit of government" means a county, statutory or home rule charter city,
or town.
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new text begin (b) "Mining" means excavating and mining silica sand by any process, including
digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or shafting.
new text end

new text begin (c) "Processing" means washing, cleaning, screening, crushing, filtering, sorting,
processing, stockpiling, and storing silica sand, either at the mining site or at any other site.
new text end

new text begin (d) "Silica sand" means naturally existing high quartz level sand with a number of
uses, including hydraulic fracturing of shale for oil and gas production. Silica sand does
not include common rock, stone, aggregate, gravel, sand with a low quartz level, or silica
compounds recovered as a by-product of metallic mining.
new text end

new text begin (e) "Silica sand project" means the excavation and mining of silica sand; the
washing, cleaning, screening, crushing, filtering, sorting, processing, stockpiling, and
storing of silica sand, either at the mining site or at any other site; the hauling and
transporting of silica sand; or a facility for transporting silica sand to destinations by rail,
barge, truck, or other means of transportation.
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new text begin (f) "Temporary storage" means the storage of stock piles of silica sand that have
been transported and await further transport.
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new text begin (g) "Transporting" means hauling and transporting silica sand, by any carrier:
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new text begin (1) from the mining site to a processing or transfer site; or
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new text begin (2) from a processing or storage site to a rail, barge, or transfer site for transporting
to destinations.
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new text begin Subd. 2. new text end

new text begin Standards and criteria. new text end

new text begin (a) By October 1, 2013, the Environmental
Quality Board, in consultation with local units of government, shall develop model
standards and criteria for mining, processing, and transporting silica sand. These standards
and criteria may be used by local units of government in developing local ordinances.
The standards and criteria must include:
new text end

new text begin (1) mining operation and processing setbacks, including:
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new text begin (i) setbacks no less than ... feet from any residence or residential zoning district
boundary;
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new text begin (ii) setbacks no less than ... feet from any property line or within ... feet of the
right-of-way line of any existing or proposed street or highway;
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new text begin (iii) setbacks no less than .... feet from ordinary high water levels of public waters;
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new text begin (iv) setbacks no less than .... feet from bluffs;
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new text begin (v) setbacks no less than .... feet from designated trout streams;
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new text begin (vi) setbacks no less than .... feet from calcareous fens;
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new text begin (vii) setbacks no less than .... feet from wellhead protection areas; and
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new text begin (viii) setbacks no less than .... feet from critical natural habitat acquired by the
commissioner of natural resources under section 84.944;
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new text begin (2) standards for hours of operation;
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new text begin (3) groundwater and surface water quality and quantity monitoring and mitigation
plan requirements, including:
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new text begin (i) applicable groundwater and surface water appropriation permit requirements;
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new text begin (ii) well sealing requirements;
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new text begin (iii) annual submission of monitoring well data; and
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new text begin (iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;
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new text begin (4) air monitoring and data submission requirements;
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new text begin (5) dust control requirements;
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new text begin (6) noise testing and mitigation plan requirements;
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new text begin (7) blast monitoring plan requirements;
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new text begin (8) lighting requirements;
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new text begin (9) inspection requirements;
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new text begin (10) containment requirements for silica sand in temporary storage to protect air
and water quality;
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new text begin (11) containment requirements for chemicals used in processing;
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new text begin (12) financial assurance requirements; and
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new text begin (13) reclamation plan requirements as required under the rules adopted by the
commissioner of the Pollution Control Agency.
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new text begin Subd. 3. new text end

new text begin Silica sand technical assistance team. new text end

new text begin By October 1, 2013, the
Environmental Quality Board shall assemble a silica sand technical assistance team to
provide local units of government with assistance with ordinance development, zoning,
environmental review and permitting, and other issues arising from silica sand mining and
processing operations. The technical assistance team shall be comprised of up to seven
members, and shall be chosen from the following entities: the Department of Natural
Resources, the Pollution Control Agency, the Board of Water and Soil Resources, the
Department of Health, the Department of Transportation, the University of Minnesota, and
the Minnesota State Colleges and Universities. A majority of the members must be from a
state agency and have expertise in one or more of the following areas: silica sand mining,
hydrology, air quality, water quality, land use, or other areas related to silica sand mining.
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new text begin Subd. 4. new text end

new text begin Consideration of board recommendations. new text end

new text begin (a) When the Environmental
Quality Board assembles findings or makes a recommendation related to a proposed silica
sand project for the protection of human health and the environment, a local government
unit must consider the findings or recommendations of the board in its approval or denial
of a silica sand project. If the local government unit does not agree with the board's
findings and recommendations, the detailed reasons for the disagreement must be part of
the local government unit's record of decision.
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new text begin (b) Silica sand project proposers must cooperate in providing local government
unit staff, and members of the board and technical assistance team with information
regarding the project.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin RULES.
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new text begin The commissioner of the Pollution Control Agency shall adopt rules to incorporate
the Wisconsin Administrative Code, chapters NR 415 and NR 135 in effect as of
January 1, 2012, pertaining to nonmetallic mining reclamation and control of particulate
emissions into Minnesota Rules. The rules adopted under this section are exempt from the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
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Sec. 3. new text begin APPROPRIATION; TECHNICAL ASSISTANCE TEAM AND MODEL
STANDARDS AND CRITERIA.
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new text begin $....... in fiscal year 2014 is appropriated from the general fund to the Pollution
Control Agency for the Environmental Quality Board to develop model standards and
criteria and operate a silica sand technical assistance team as required under section 1.
new text end